Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-23
APPLICATION FOR PATENT.

APPLICATION ron PATENT.
Where papers have once been hled with the
Register and Receiver they become Q part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
An application will be rejected whom the
scrtption Of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Second-The notice was not published in Q
new paper designated as published nearest the
claim.
Third-Record title was found defective,
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending q suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define thu
boundaries Of the claim.
Where the claim was not located In sccord-
ance with law.
Where several parties own separate and dis
tinct portions Of . claim. application for
patent may be mzde by either for tn ct portion
Of the claim owned by him: but where several
parties own undivided interests In . mining
claim all should join in al application for q
patent.
A person or association may purchase Is
many placer locations - the local Law admits,
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced In
one application for Q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport.
ing to act as . deputy for the Register and Re-
ceiver cannot be recorded a. evidences.
In all patents for mining claims situated
within the interior boundaries Of . town site
9 clause is Inserted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings. structures, lots,
blocks. streets, alleys OF other municipal I'm
provements not belonging to the grantee here
In, and all rights necessary or proper TO the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made q only
one newspaper for the period of GO days.
Notice must be published 10 consecutive
weeks In weekly newspapers, aud In daily
newspapers GO days must elapse between the
fret and last insertions.
Where the Register dssignstss the daiiy issue
OF q newspaper for publication of notices Of .
mining application for patent 1t 10 not . com.
pltance With law to change TO the weekly edi-
ton Of the same paper without authority Of
the Register.
The existence Of q salt spring on . tract Of
land withdrsws 1t from the operation Of the
Homestead and presumption laws. A hearing
for the purpose OF proving the Agriculture l
character of such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse laimant must file Q separate and
distinct claim sRxinst each application which
1t Is alleged CONFLICTS with the premises owned
by such adverse claimant.
The papers In an adverse claim, once hled
cansot be withdraw. but becomes : part OF the
record.
When an adverse claim has been filed II can
not be amended 50 AZ to embrace q larger per.
tion OF the premises than that described In the
original adverse claim.
An adverse clsim must be made ont In
proper form and flied in the proper local OH ce
during the period of publication OF the appii.
cation for the patent to DO effective.
1t Is the duty Of the adverse M o
commence suit In proper form within the ro-
CURED time, and II he trusts the Uncertain
medium OF the United States mail he must
abide the consequences, should the delay
ensue. through misforIuneo or accident Should
the failure to suit be tue result Of
the cor ruptor dishonest action Of his attorney.
the interier Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions Of law, without stating the
facts specially. will not be considered In svi-
dence.
An adverse claimant should show O compli.
snce with the local laws IN recording his claim
and in regard to expenditures. aud shall nis =
copy Of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to q suit that they
compose the company 10 sufficient. and they
are not required TO prove that they are tn.
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL or MINERAL LANDS.
Where land is of little. II any value. for agri.
cultural purposes, but 10 essential to the
proper development of mining claims. A
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in m AGRICULTURAL
entry. said entry will be cancelled 81 any time
prior to issuance of patent, upon satisfactory
evidence Of the existence Of such valuable de.
posits.
Where valuable deposits Of mineral are dis.
covered upon . tract sitter the same sss been
On tered az agricultural, but before , stent h.a
been issued. the parties claiming the mine
may make application for patent for same,
and the agricultural entry will he cancelled /
that portion OF the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
cetved In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF II. provided he becomes . citizen
before disposing OF the mine. Proof that tho
party was not . citizen before disposlng Of his
claim must be afirmstively shown.
Locators and intermediate owners, other
than applicants. will not be presumed aliens,
In the absence Of allegation or objection prior
to issuance of patent.
The portion of q mining claim sold to an
alien cannot be patented while such owner h
an alien; but on HIS declarstioni o become q
citizen his right dates back to his purchase,
aud he may thereupon secure United Statea
patent for his claim.
CROSS LEDoEs.
Revised Statutes. Section 2. 1886:
Where two or more lodges GROSS or interseci
each other, priority Of title shall govern. aud
such prior location shall be entitled to ali ore
or mineral oont.ined within the space Of inter.
section. but the subsequent location shall have
the right OF way through the space Of inter.
section TOT the purpose of the convenient
working Of the nina. And xhara txo q r nuo.a